Filetype PDF | Posted on 10 Feb 2023 | 2 years ago
Authentication
digital resources
173x Filetype PDF File size 0.23 MB Source: hacp.org
MODEL LEASE AGREEMENT
THIS LEASE AGREEMENT, made and enter into this the Day Effective Month Effective
Year Effective
by and between
LANDLORD’S NAME (OWNER) and
TENANT’S NAME (TENANT)
for the CONTRACT unit PROPERTY ADDRESS
located at:
THE FAMILY authorized to live in the unit consists of the following members:
(1.) HOH’S NAME
(2.) FAMILY MEMBER’S NAMES LISTED
(3.)
(4.)
(5.)
(6.)
(7.)
(8.)
(9.)
(10.)
1. TERM OF THE LEASE
A. Initial term of lease. (Enter first and last date of initial item. The initial term must be for at least one year).
The initial term begins on: START DATE
The initial term end on : END DATE
B. Renewal Term
This lease shall automatically renew after the initial term of the lease. The renewal term shall be (select term):
X Month to Month; or
Year to Year; or
C. This lease terminates if any of the following occurs:
The Housing Assistance Payment (“HAP”) contract terminates; or
The Housing Authority (“HA”) terminates program assistance for the family; or
The Owner terminates the lease; or
The Tenant terminates the lease; or
The Owner and the Tenant agree to terminate the lease.
2. DEFINITIONS
Housing Choice Voucher (“HCV”) Program - The program formerly referred to as “Section 8”. Through the program, HUD
provides funds to a HA for rent subsidy on behalf of an eligible family. The Tenant under this lease will be assisted with rent
subsidy under the HCV program.
Housing Assistance Payment (“HAP”) Contract- The HAP contract is between HACP and the Owner of the contract unit.
HACP pays the HAP to the Owner in accordance with the HAP contract.
Contract Rent -The total monthly rent payable to the Owner for the contract unit. The contract rent is the sum of the Tenant’s
rent plus the HAP to the Owner.
Tenant’s Rent- HACP determines the amount the Tenant pays to the Owner. Tenants will not pay additional “rent” to the
Owner and rent increases must be approved by PHA.
Other Payments to the Owner- Tenants may pay Owners for water usage and security deposits, if required. These payments
however are to be recorded on a separate receipt.
Contract Unit-The housing unit, approved by HACP for subsidy to be paid by an approved participant.
Family/Tenant- The persons who may reside in the unit with assistance under the program.
HACP – Pittsburgh Housing Authority
HQS- Housing Quality Standards-The HUD minimum quality standard for housing assisted under the HCV Tenant-based
program, however, HACP may also use the minimum city code standards for residential housing.
HUD- The United States Department of Housing and Urban Development.
Owner- To be used interchangeably with the term “landlord”.
Premises- The unit, building or complex in which the contract unit is located, including any common area or grounds.
CLIENT NUMBER: Page 1 of 9
3. LEASE AGREEMENT
This is the lease between the Tenant and the Owner.
The Tenant is a participant in the HCV program. The Tenant is the family member who leases the contract unit from the
Owner.
The Owner will enter into a HAP contract with HACP under the HCV program. The purpose of the HAP contract is to assist
the Tenant to lease this dwelling unit from the Owner for occupancy by the family with the Tenant-based assistance under the
HCV program.
4. RENT
The total rent due each month is $ CONTRACT AMT. Of that total, the Tenant will pay a portion and the HCV program
will pay a portion as set forth in 4 (a) and 4 (b).
(a) Contract Rent- The amount of the Contract Rent shall be determined by HACP in accordance with HUD
requirements. The Contract Rent for the Contract Unit shall be $ CONTRACT AMT. per month.
(b) Tenant Rent- The amount of the Tenant rent shall be determined by HACP in accordance with HUD requirement. The
amount of the Tenant rent is subject to change by PHA during the term of the lease. Any changes in the amount of the
Tenant rent will be effective on the date stated in a notice from HACP to the family and the Owner. Initially and until
such change, the Tenant agrees to $ TENANT RENT per month to the Owner as the Tenant rent. The Tenant’s rent
is due on the 1ST day of each month each month beginning on MONTH, YEAR___.
If the rent is not paid on time, the Owner may charge the Tenant an administrative fee not to exceed $25.00 monthly. So long
as there is an unpaid balance on Tenant’s account, the Owner may charge the $25.00 administrative fee each month until the
past due balance is paid.
The amount of the Tenant rent is the maximum amount the Owner can require the Tenant to pay for rent of the contract unit,
including all services, maintenance and utilities to be provided by the Owner accordance with the lease.
The Owner may not demand or accept any rent payment from the Tenant in excess of the Tenant rent, and must immediately
return any excess rent payment to the Tenant.
The Tenant rent may not be more than the contract rent minus the HA housing assistance payment to the Owner.
(c) Abatement- HACP will not pay the Owner the HAP if a unit is abated. This action is taken when the unit fails
inspection and does not meet HQS or city codes within a specified timeframe of (24 hours for health, safety and
emergency violations and 30 days for routine violations). The HACP will conduct a follow-up inspection within 72
hours of the cited violation. The Tenant is required to continue Tenant payments to the Owner during abatements.
Failure to correct violations may also result in termination of the HAP contract and the family being required to move
from the unit. Once the unit is brought to compliance, HACP will lift the abatement and resume payments to the
Owner starting from the time the unit was brought into compliance.
5. HOUSING ASSISTANCE PAYMENTS
Each month, HACP will make a housing assistance payment (“HAP”) to the Owner in the amount of $ HAP AMT on behalf of
the Tenant family in accordance with the HAP contract. The amount of the HAP is subject to change by HACP during the term
of the lease. Any changes in the amount of the HAP will be effective on the date stated in a notice from HACP to the family
and the Owner. The monthly HAP from HACP shall be credited toward the monthly rent payable by the Tenant to the Owner
under the lease. The Tenant shall pay the balance of the monthly rent. The Tenant is not responsible for payment of the portion
of rent to Owner covered by the HAP under the HAP contract between the Owner and HACP. The Owner may not terminate
the tenancy of the family solely for HACP’s nonpayment of the HAP.
The amount of the HAP is subject to change by HACP during the term of the lease. Any changes in the amount of the HAP will
be effective on the date stated in a notice from HACP to the family and the Owner. The Tenant agrees that the amount of rent
the Tenant pays and/or the amount of assistance that HUD pays on behalf of the Tenant may be
changed during the term of this Agreement if:
A. the HACP determines, in accordance with HUD procedures, that an increase in rents is needed;
B. HUD or the HACP changes any allowance for utilities or services considered in computing the Tenant's share of the
rent;
C. the income, the number of persons in the Tenant's household or other factors considered in calculating the Tenant's
rent change and HUD procedures provide that the Tenant's rent or assistance payment be adjusted to reflect the
change;
D. changes in the Tenant's rent or assistance payment are required by HUD's recertification or subsidy termination
procedures;
E. HUD's procedures for computing the Tenant's assistance payment or rent change; or
CLIENT NUMBER: Page 2 of 9
F. the Tenant fails to provide information on his/her income, family composition or other factors as required by
theHACP.
G. the HACP agrees to implement changes in the Tenant's rent or tenant assistance payment only in accordance with the
time frames and administrative procedures set forth in the MTW Plan and the HACP Administrative Plan approved
by HUD as instructions and regulations related to administration of the Housing Choice Voucher Program. The
HACP agrees to give the Tenant at least 30 days advance written notice of any increase in the Tenant's rent. The
Notice will state the new amount the Tenant is required to pay, the date the new amount is effective, and the reasons
for the change in rent. The Notice will also advise the Tenant that he/she may meet with the HACP to discuss the rent
change.
6. LEAD-BASED PAINT/HAZARD DISCLOSURE
If a property was build before 1978
The residential Lead-Based paint Hazard Reduction Act says that any Owner of property built before 1978 MUST give
the Tenant an EPA pamphlet titled “Protect Your Family From Lead in Your Home”. The Owner also MUST tell the
Tenant and the Broker for the Owner what the Owner knows about lead-based paint hazards that are in or on the
property being rented. Owners MUST tell the Tenant how the Owners know that lead-based paint hazards are on the
property, where the lead-based paint and lead-based paint hazards are, and the condition of the painted surfaces. Any
Owner of a pre-1978 structure MUST also give the Tenant any records and reports that the Owner has or can get
about lead-based paint or lead-based paint hazards in or around the property being rented, the common areas, or
other dwellings in multi-family housing. It is also required that the EPA pamphlet be given to Tenants before the
Owner starts any major renovations on a pre-1978 structure. The Act does not apply to housing built in 1978 or later.
LEAD WARNING STATEMENT: Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips
and dust can pose health hazards if not taken care of properly. Lead exposure is especially harmful to young children and
pregnant women. Before renting pre-1978 housing, Owners must disclose the presence of known lead based paint and lead-
based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention.
A. Owner initial one:
_____ Owner does not know of any lead-based paint or lead-based paint hazards (dangers) on the property.
OR
_____ Owner knows that there is lead-based paint, or that there are lead-based paint hazards on the Property.
Owner must explain what Owner knows about the lead-based paint and hazards, including how Owner
learned that it is there, where it is, and the condition of painted walls, trim and other surfaces. Owner must
give Tenant any other information Owner has about the lead-based paint and lead-paint hazards.
B. Owner initial one:
____ Owner has no reports or records about lead-based paint or lead-based paint hazards on the property.
OR
____ Owner has given Tenant all available records and reports about lead-based paint or lead-based paint hazards
on the property. List records and reports: ____________________________________________________
C. Tenant initials all that are true:
____ Tenant received the pamphlet Protect Your Family from Lead in Your Home.
____ Tenant read the information Owner gave in paragraph 6(A) and 6 (B) above.
____ Tenant received all the records and reports that the Owner listed paragraph 6 (B) above.
D. Owner and Tenant certify, by signing this Lease that the information given is true to the best of their knowledge
7. SECURITY DEPOSIT
The Tenant has deposited $ SECURITY DEPOSIT AMT. with the Owner as a security deposit.
A. Owner cannot make Tenant pay more than amount allowed by Pennsylvania state law for security deposit. The maximum
allowed by law is equal to two-months the contract rent.
B. Owner may only keep an amount equal to one-months contract rent after the first year of the lease and must then refund to
the Tenant any security deposits above that amount.
C. If the security deposit is more than $100, Owner must keep it in a special bank account (escrow account) and give Tenant
the name and address of the bank.
D. After the second year (if Tenant continues to live on Property), Owner must keep the security deposit in an escrow account
that earns interest. Owner may keep 1 percent of the security deposit each year as an administrative fee. Owner must pay
the Tenant the balance of the interest once a year.
E. Owner can use the security deposit to pay for unpaid rent and damages (beyond normal wear and tear) that are Tenant’s
responsibility.
F. When Tenant moves from the Contract Unit, Tenant will return all keys and give owner written notice of Tenant’s mailing
address where Owner can return the security deposit.
G. Owner will prepare a list of charges for damages and unpaid rents. Owner may deduct these charges from the security
CLIENT NUMBER: Page 3 of 9
deposit. Owner must return security deposit and interest (minus any charges to Tenant) within 30 days.
8. APPROVAL OF LEASE FOR CONTRACT UNIT
A. HACP must approve the lease for the contract unit. The lease may not be revised unless HACP has approved the
proposed lease revision in writing.
B. The HUD Tenancy Addendum for Section 8 Tenant-Based Assistance MUST be attached to this or any other lease
submitted by the Owner.
9. BREAKING THE LEASE
A. Tenant Breaks the Lease if:
1. Tenant does not pay the full rent amount on time; or
2. Tenant leaves the property permanently before the lease expires; or
3. Tenant fails to recertify timely with HACP; or
4. Tenant fails to allow the Owner or HACP to inspect the unit; or
5. Tenant, family member and/or guest of Tenant damages the unit or property; or
6. Tenant fails to maintain property in accordance with lease provisions; or
7. Tenant violates any other provision of this lease.
If the Tenant breaks the lease for any reason, the Owner will send the Tenant notice giving the Tenant five (5) days to correct
the action. Failure to comply may result in the initiation of eviction proceedings against the Tenant. If the Tenant fails to
comply, the Owner may serve Tenant with a Notice to Quit, which describes the noncompliance with the lease. If the Tenant is
given a Notice to Quit from the Owner and does not move within the allotted time, the Owner may sue the Tenant to take
possession of the unit.
B. Owner Breaks the Lease if:
1. Owner fails to repair the unit timely; or
2. Owner enters the unit unauthorized; or
3. Owner fails to maintain property taxes; or
4. Owner fails to maintain renters license; or
5. Owner locks Tenant out without court action; or
6. Owner fails to maintain property in accordance with the lease provisions; or
7. Owner violates any other provisions of this lease.
C. Termination of Tenancy by the Owner
The Owner may only terminate the tenancy on the following grounds:
1. Serious or repeated violation of the terms and conditions of the lease;
2. Violation of Federal, State or local law that impose obligations on the Tenant in connection with the occupancy the
contract unit and the premises;
3. Criminal activity -Any of the following types of criminal activity by the Tenant, any member of the household, a guest
or other person under the Tenant’s control shall be cause for termination of tenancy:
a. Any criminal activity that threatens the health, safety or right to peaceful enjoyment of the premises by other
residents;
b. Any criminal activity that threatens the health, safety or right to peaceful enjoyment of their residences by
persons residing in the immediate vicinity of the premises; or
c. Any drug-related criminal activity on or near the premises.
4. Other good cause.
“Other good cause” may include, but is not limited to, any of the following examples:
CLIENT NUMBER: Page 4 of 9
no reviews yet
Please Login to review.
